The changes proposed by SB 389 are aimed at streamlining the response process to releases from underground storage tanks while ensuring that the site characterizations are completed prior to mandated corrective actions. However, there remains a provision allowing immediate action if the commissioner believes the release poses a significant threat to public health or the environment, indicating a balance between precaution and responsiveness in emergency situations.
Summary
Senate Bill 389, titled 'Underground Storage Tanks', introduces modifications to the protocols surrounding the management and remediation of underground storage tanks in Indiana. The bill stipulates that the commissioner of the Department of Environmental Management is not permitted to issue corrective action orders until receiving and reviewing an initial site characterization of a release site. This characterization must be prepared by or on behalf of the owner or operator of the underground storage tank involved in the regulated substance release.
Contention
While the bill's intentions are to refine the order of operations regarding environmental management, it has raised potential points of contention. Critics might argue that mandating the submission and review of initial site characterization could unnecessarily delay urgent remediation efforts, especially in cases where immediate threats to health or the environment are evident. Proponents may counter that proper assessment helps prevent further damage from poorly executed corrective actions.
Provisions
SB 389 includes clear exceptions that allow the commissioner to bypass the requirement for an initial site characterization when there is a reasonable belief of immediate threats. This highlights a critical aspect of the bill: safeguarding both public health and environmental integrity while imposing structured protocols for addressing underground storage tank incidents.
A BILL to amend the Code of Virginia by adding in Chapter 3 of Title 40.1 an article numbered 1.2, consisting of sections numbered 40.1-28.13 through 40.1-28.16, relating to prevailing wage rate; underground infrastructure work; public service companies.